Category Archives: Legal News

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UPMC/Highmark Continuity of Care Settlement

PBGH just recently sent out a client alert regarding UPMC/Highmark Continuity of Care Settlement as follows:  UPMC and Highmark have announced a settlement agreement that addresses the Consent Decrees’ Continuity of Care provision. This settlement will govern continuity of care beginning January 1, 2016 until the end of the Consent Decrees on June 30, 2019. … Continue Reading

Pennsylvania Nursing Home That Failed To Sign Arbitration Agreement Cannot Seek to Enforce the Agreement

On January 15, 2015, the Pennsylvania Superior Court in Bair v. Manor Care of Elizabethtown, PA, LLC 2015 Pa. Super. 9 (2015) ruled that a nursing home arbitration agreement was not enforceable when the facility did not sign the agreement. M. Sylvia Bair commenced this action for wrongful death and survival in the Court of … Continue Reading

Important Ruling on Required FMLA Notices

Scott Leah, an attorney in Tucker Arensberg’s Pittsburgh office, recently circulated the below client alert: Employers with more than 50 employees need to be aware of a recent ruling on FMLA notices, which employers are required to give to employees. In Lupyan v. Corinthian Colleges, Inc., 761 F.3d 314 (3d. Cir. 2014), the employer mailed an … Continue Reading

Pennsylvania Federal Court Rules on Important Grane Healthcare ADA Case

In a recent decision that has been making headlines across the country, a Pennsylvania federal court held that a local Cambria County company conducted over 300 unlawful pre-offer medical exams in violation of the ADA.  Cambria Care Center (“CCC”) had purchased the former Cambria County owned nursing home and engaged Grane Healthcare (a separate, but … Continue Reading

Practical considerations to protect against being ‘out of network’

Practical considerations to protect against being ‘out of network’ The disengagement of Highmark and UPMC is looming on the horizon; most of the hospital participation agreements between these two competing healthcare systems end on December 31, 2014.  There are some hospital agreements that continue, such as those at Children’s and Magee, but the focus of … Continue Reading

Do Windows XP Users Risk HIPAA Non-Compliance?

Microsoft recently announced that, after April 8, 2014, it will not longer provide security updates or technical support for Windows XP.  Microsoft’s statement that “businesses that are governed by regulatory obligations such as HIPAA may find that they are no longer able to satisfy compliance requirements” has spurred a certain level of panic among health … Continue Reading

Joint SGR Repeal Bill Agreed Upon, Moving to Full Congress

New joint legislation to repeal Medicare’s failed SGR formula is advancing to both chambers of Congress following an agreement announced Thursday by the three committees that put forth repeal bills earlier this session. “The AMA congratulates House and Senate negotiators for taking this critical step toward reforming the nation’s Medicare program,” AMA President Ardis Dee … Continue Reading

FTC and Accretive Health Settle Unfair Business Practice Complaint Centered on Data Security Measures

Accretive Health recently agreed to settle a Federal Trade Commission (FTC) complaint that stems from a July, 2011 incident in which an Accretive employee’s laptop was stolen from his car. As a medical billing and revenue management services provider, Accretive grants its employees access to “sensitive personal health information” including “patient names, dates of birth, … Continue Reading

HHS Proposed Rule Affects HIPAA Privacy Rule and Background Check Reporting

The Department of Health and Human Services (HHS) has released a proposed rule that would modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule by allowing health care providers to make certain disclosures to the National Instant Criminal Background Check System (NICS).  The NICS aims to keep guns from being sold to those … Continue Reading

California Issues Guidance on Mobile Privacy

Contributed by Lee Kim, Esq. 412.594.3915 All commercial website and online service providers need to comply with the requirements of the California Online Privacy Protection Act.  California recently issued guidance on how mobile application developers and others can comply with those requirements at the design stage in its guide entitled, "Privacy On the Go Recommendations … Continue Reading

Pennsylvania Medical Records Fees for 2013

The Pennsylvania Department of Health has issued its medical records fees for 2013.  The announcement is attached; it provides as follows:                                                                                                                                                            Not to Exceed   Amount charged per page for pages 1-20                                  $  1.42   Amount charged per page for pages 21-60                                $  1.05   Amount charged per page for pages 61-end                              $  … Continue Reading

National Foundation for American Policy Recommends Immigration Reform to Meet Needs of U.S. Healthcare

National Foundation for American Policy released its November 2012 policy recommendations recognizing immigration reform for health care workers as a broad measure to deal with increasing labor demand and shortage in the health care industry arising from the needs of the aging U.S. population and the Affordable Care Act.  These policy recommendations are necessary at … Continue Reading

Physician Groups Asking for Elimination of SGR Formula and Proposing Transition Plan

Contributed by Lee Kim, Esq. 412.594.3915 In a letter to the Senate Finance Committee, more than one-hundred physicians’ groups have urged the elimination of the Medicare sustainable growth rate (SGR) formula, asserting that the formula is an impediment to successful health care delivery and payment reforms that can improve the quality of patient care while … Continue Reading

Pittsburgh Business Times article: Growing number of carriers offering companies cybersecurity insurance

Lee Kim, attorney in the health law practice group of Tucker Arensberg, P.C., was recently featured in a Pittsburgh Business Times article entitled, "Growing number of carriers offering companies cybersecurity insurance." Link to the article:… Continue Reading

Pittsburgh Post-Gazette Article: Patients may suffer as doctors switch practices, health systems

  Michael A. Cassidy, JD, CHC, shareholder and director of Tucker Arensberg, P.C. and Chair of the Health Law Practice Group, was recently featured in a Pittsburgh Post-Gazette article entitled "Patients may suffer as doctors switch practices, health systems." Link to the article:  … Continue Reading

CRNA – CMS Developments

  I thought you might be interested in linking to or writing about a recent blog post by Christine Zambricki, a top official with the American Association of Nurse Anesthetists. The post originally appeared in ADVANCE for Nurses Protecting Access to CRNAs Relieves Patient Pain By Christine Zambricki, CRNA, MA, FAAN In less than two weeks, … Continue Reading